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 ?
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PHILIPPINE CLEAN AIR ACT OF 1999?
??
??
??
Chapter 1?
General Provisions?
Article One?
Basic Air Quality Policies?
SECTION 1. 
 - This Act shall be
known as the
      

 ??
SEC. 2. u

    - The
State shall protect and advance the right
of the people to a?? balanced and healthful
ecology in accord with the rhythm and
harmony of nature.??
The State shall promote and protect the
global environment to attain sustainable
development while?? recognizing the primary
responsibility of local government units to
deal with environmental problems.??
The State recognizes that the
responsibility of cleaning the habitat and
environment is primarily area-based.??
The State also recognizes the principle
that

 ??
Finally, the State recognizes that a clean
and healthy environment is for the good of
all and should, therefore, be?? the concern
of all.??
SEC. 3. u

 
. - The
State shall pursue a policy of balancing
development and?? environmental protection.
To achieve this end, the frame work for
sustainable development shall be pursued.
It??shall be the policy of the State to:??
[a] Formulate a holistic national
program of air pollution management
that shall be implemented by the??
government through proper delegation
and effective coordination of
functions and activities;??
[b] Encourage cooperation and self-
regulation among citizens and
industries through the application
of??market-based instruments;??
[c] Focus primarily on pollution
prevention rather than on control
and provide for a comprehensive??
management program for air
pollution;??
[d] Promote public information and
education and to encourage the
participation of an informed and
 active??public in air quality planning
and monitoring; and??
[e] Formulate and enforce a system
of accountability for short and
long-term adverse environmental
impact of a?? project, program or
activity. This shall include the
setting up of a funding or guarantee
mechanism for clean-up?? and
environmental rehabilitation and
compensation for personal damages.?
SEC. 4. c
 

 c  - Pursuant
to the above-declared principles, the
following rights of citizens?? are hereby
sought to be recognized and the State shall
seek to guarantee their enjoyment:??
[a] The right to breathe clean air;??
[b] The right to utilize and enjoy
all natural resources according to
the principles of sustainable
development;??
[c] The right to participate in the
formulation, planning,
implementation and monitoring of
environmental policies?? and programs
and in the decision-making process;??
[d] The right to participate in the
decision-making process concerning
development policies, plans and??
programs projects or activities that
may have adverse impact on the
environment and public health;??
[e] The right to be informed of the
nature and extent of the potential
hazard of any activity, undertaking
or project?? and to be served timely
notice of any significant rise in
the level of pollution and the
accidental or deliberate??
release into the atmosphere of
harmful or hazardous substances;??
[f] The right of access to public
records which a citizen may need to
exercise his or her rights
effectively under??this Act;??
[g] The right to bring action in
court or quasi-judicial bodies to
enjoin all activities in violation
of environmental?? laws and
regulations, to compel the
rehabilitation and cleanup of
affected area, and to seek the
imposition of??penal sanctions against
violators of environmental laws; and??
[h] The right to bring action in
court for compensation of personal
damages resulting from the adverse??
 environmental and public health
impact of a project or activity.?
Article Two?
Definition of Terms?
SEC. 5. u 
.- As used in this Act:??
a)
 
  means any matter
found in the atmosphere other than
oxygen, nitrogen, water vapor, carbon??
dioxide, and the inert gases in their
natural or normal concentrations, that
is detrimental to health or the??
environment, which includes, but not
limited to smoke, dust, soot, cinders,
fly ash, solid particles of any kind,??
gases, fumes, chemical mists, steam and
radioactive substances;??
b)
 

 means any alteration
of the physical, chemical and
biological properties of the
atmospheric?? air, or any discharge
thereto of any liquid, gaseous or solid
substances that will or is likely to
create or to render?? the air resources of
the country harmful, detrimental, or
injurious to public health, safety or
welfare or which will?? adversely affect
their utilization for domestic,
commercial, industrial, agricultural,
recreational, or other legitimate??
purposes;??
c)
     
 means the concentration of air
over specified periods classified as??
short-term and long-term which are
intended to serve as goals or
objectives for the protection of health
and/or?? public welfare. These values
shall be used for air quality
management purposes such as determining
time?? trends, evaluating stages of
deterioration or enhancement of the air
quality, and in general, used as basis
for?? taking positive action in
preventing, controlling, or abating air
pollution;??
d)
    means the
general amount of pollution present in
a broad area; and refers to the??
atmosphere¶s average purity as
distinguished from discharge
measurements taken at the source of
pollution;??
e)

 

 means a
certificate issued by the Department of
Environment and Natural?? Resources to a
vehicle manufacturer / assembler or
importer certifying that a particular
new vehicle or vehicle?? type meets the
requirements provided under this Act
and its rules and regulations;??
f)
u  means the Department of
Environment and Natural Resources;??
g)


 means the geographic-
based instrument for planners and
decision makers which present an??
evaluation of the environment quality
and carrying capacity of an area. It is
the result of the integration of
primary?? data and information on natural
resources and antropogenic activities
on the land which were evaluated by
various?? environmental risk assessment
and forecasting methodologies that
enable the Department to anticipate the??
type of development control necessary
in the planning area.??
h)

 means any air contaminant,
pollutant, gas stream or unwanted sound
from a known source?? which is passed into
the atmosphere;??
i)
!
  means those gases
that can potentially or can reasonably
be expected to induce?? global warming,
which include carbon dioxide, oxides of
nitrogen, chloroflourocarbons, and the
like;??
j)
"#
   means those
substances which present either: (1)
short-term acute hazards such?? as acute
toxicity by ingestion, inhalation, or
skin absorption, corrosivity or other
skin or eye contact hazard or?? the risk
of fire explosion; or (2) long-term
toxicity upon repeated exposure,
carcinogecity (which in some cases??
result in acute exposure but with a
long latent period), resistance to
detoxification process such as??
biodegradation, the potential to
pollute underground or surface waters;??
k)
$ 
 % means that
portion of medical waste that could
transmit an infectious disease;??
l)
& % means the materials
generated as a result of patient
diagnosis, treatment, or immunization?? of
human beings or animals;??
m)
&
 
 means any vehicle
propelled by or through combustion of
carbon-based or other fuel,?? constructed
and operated principally for the
conveyance of persons or the
transportation of property goods;??
n)
&

   means any vehicle
propelled by a gasoline or diesel
engine or by any means other than?? human
or animal power, constructed and
operated principally for the conveyance
of persons or the?? transportation of
property or goods in a public highway
or street open to public use;??
o)
&  % means the waste
materials generated from communities
within a specific locality;??
p) A %   means a vehicle
constructed entirely from new parts
that has never been sold or registered??
with the DOTC or with the appropriate
agency or authority, and operated on
the highways of the Philippines,?? any
foreign state or country;??
q)
'  c 
     (
)
$ *+($, means the rating of the
anti-knock characteristics of a grade?? or
type of automotive gasoline as
determined by dividing by two (2) the
sum of the Research Octane Number?? (RON),
plus the Motor Octane Number (MON); the
octane requirement, with respect to
automotive gasoline for?? use in a motor
vehicle or a class thereof, whether
imported, manufactured, or assembled by
a manufacturer,?? shall refer to the
minimum octane rating of such
automotive gasoline which such
manufacturer recommends?? for the
efficient operation of such motor
vehicle, or a substantial portion of
such class, without knocking;??
r)
'#
 u    +'u,
means those substances that
significantly deplete or otherwise??
modify the ozone layer in a manner that
is likely to result in adverse effects
of human health and the?? environment such
as, but not limited to,
chloroflourocarbons, halons and the
like;??
s)
  '  
 
+', means the organic compounds
that persist in the environment,??
bioaccumulate through the food web, and
pose a risk of causing adverse effects
to human health and the?? environment.
These compounds resist photolytic,
chemical and biological degradation,
which shall include but?? not be limited
to dioxin, furan, Polychlorinated
Biphenyls (PCBs), organochlorine
pesticides, such as aldrin,? dieldrin,
DDT, hexachlorobenzene, lindane,
toxaphere and chlordane;??
t)



   
*  means
any emissions and fumes which are
beyond internationally - accepted??
standards, including but not limited to
the World Health Organization (WHO)
guideline values;??
u)


 

 A means any
device or apparatus used to prevent,
control or abate the pollution of?? air
caused by emissions from identified
pollution sources at levels within the
air pollution control standards??
established by the Department;??
v)


 

 

 means
the pollution control devices,
production process, fuel combustion??
processes or other means that
effectively prevent or reduce emissions
or effluent;??
w)
 
 
 A means a
standard for emissions of air pollutant
which reflects the degree of?? emission
limitation achievable through the
application of the best system of
emission reduction, taking into?? account
the cost of achieving such reduction
and any non-air quality health and
environmental impact and?? energy
requirement which the Department
 determines, and adequately
demonstrates; and??
x)

 
 means any
building or immobile structure,
facility or installation which emits or
may emit??any air pollutant.?
Chapter 2?
Air Quality Management System?
Article One?
General Provisions?
SEC. 6.  - &

   
$ 

 %
) - The Department shall
prepare an annual National Air?? Quality
Status Report which shall be used as the
basis in formulating the Integrated Air
Quality Improvement?? Framework, as provided
for in Sec. 7. The said report shall
include, but shall not be limited to the
following:??
a) Extent of pollution in the
country, per type of pollutant and
per type of source, based on reports
of the?? Department¶s monitoring
stations;??
b) Analysis and evaluation of the
current state, trends and
projections of air pollution at the
various levels??provided herein;??
 c) Identification of critical areas,
activities, or projects which will
need closer monitoring or
regulation;??
d) Recommendations for necessary
executive and legislative action;
and??
e) Other pertinent qualitative and
quantitative information concerning
the extent of air pollution and the
air?? quality performance rating of
industries in the country.?
The Department, in cooperation with the
National Statistical Coordination Board
(NSCB), shall design and?? develop an
information network for data storage,
retrieval and exchange.??
The Department shall serve as the central
depository of all data and information
related to air quality.??
SEC. 7. $   - $
 
.%
).- The Department shall within six
(6) months after the?? effectivity of this
Act, establish, with the participation of
LGUs, NGOs, POs, the academe and other
concerned?? entities from the private sector,
formulate and implement the Integrated Air
Quality Improvement Framework for?? a
comprehensive air pollution management and
control program. The framework shall, among
others,?? prescribe the emission reduction
goals using permissible standards, control
strategies and control measures?? to
undertaken within a specified time period,
including cost-effective use of economic
incentives, management?? strategies,
collective actions, and environmental
education and information.??
The Integrated Air Quality Improvement
Framework shall be adopted as the official
blueprint with which all?? government
agencies must comply with to attain and
maintain ambient air quality standards.??
SEC. 8.  - 

 
  -
Within six (6) months after the formulation
of the framework, the?? Department shall,
with public participation, formulate and
implement an air quality control action
plan consistent?? with Sec. 7 of this Act.
The action plan shall:??
a) Include enforceable emission
limitations and other control
measures, means or techniques, as
well as??schedules and time tables for
compliance, as may be necessary or
appropriate to meet the applicable??
requirements of this Act;??
b) Provide for the establishment and
operation of appropriate devices,
methods, systems and procedures??
necessary to monitor, compile and
analyze data on ambient air quality;??
c) Include a program to provide for
the following: (1) enforcement of
the measures described in
subparagraph [a]; (2) regulation of
the modification and construction of
any stationary source within the
areas?? covered by the plan, in
accordance with land use policy to
ensure that ambient air quality
standards are?? achieved;??
??
d) Contain adequate provisions,
consistent with the provisions of
this Act, prohibiting any source or
other types?? of emissions activity
within the country from emitting any
air pollutant in amounts which will
significantly?? contribute to the non-
attainment or will interfere with
the maintenance by the Department of
any such ambient??air quality standard
required to be included in the
implementation plan to prevent
significant deterioration of air?
quality or to protect visibility;??
??
 e) Include control strategies and
control measures to be undertaken
within a specified time period,
including?? cost effective use of
economic incentives, management
strategies, collection action and
environmental?? education and
information;??
??
f) Designate airsheds; and??
??
g) All other measures necessary for
the effective control and abatement
of air pollution.?
The adoption of the plan shall clarify the
legal effects on the financial, manpower
and budgetary resources of?? the affected
government agencies, and on the alignment
of their programs with the plans.??
In addition to direct regulations, the plan
shall be characterized by a participatory
approach to the pollution?? problem. The
involvement of private entities in the
monitoring and testing of emissions from
mobile and/or?? stationary sources shall be
considered.??
Likewise, the LGU¶s, with the assistance
from the Department, shall prepare and
develop an action plan?? consistent with the
Integrated Air Quality Improvement
Framework to attain and maintain the
ambient air quality?? standards within their
respective airsheds as provided in Sec. 9
hereof.??
The local government units shall develop
and submit to the Department a procedure
for carrying out the?? action plan for their
jurisdiction. The Department, however,
shall maintain its authority to
independently inspect?? the enforcement
procedure adopted. The Department shall
have the power to closely supervise all or
parts of??? the air quality action plan until
such time the local government unit
concerned can assume the function to??
enforce the standards set by the
Department.??
A multi-sectoral monitoring team with broad
public representation shall be convened by
the Department for?? each LGU to conduct
periodic inspections of air pollution
sources to assess compliance with emission??
limitations contained in their permits.??
SEC. 9.   - Pursuant to Sec. 8 of
this Act, the designation of airsheds shall
be on the basis of, but not?? limited to,
areas with similar climate, meteorology and
topology which affect the interchange and
diffusion of?? pollutants in the atmosphere,
or areas which share common interest or
face similar development programs,??
prospects or problems.??
For a more effective air quality
management, a system of planning and
coordination shall be established and a??
common action plan shall be formulated for
each airshed.??
To effectively carry out the formulated
action plans, a Governing Board is hereby
created, hereinafter referred?? to as the
Board.??
The Board shall be headed by the Secretary
of the Department of Environment and
Natural Resources as?? chairman. The members
shall be as follows:??
a) Provincial Governors from areas
belonging to the airshed;??
b) City/Municipal Mayors from areas
belonging to the airshed;??
c) A representative from each
concerned government agency;??
d) Representatives from people¶s
organizations;??
 e) Representatives from non-
government organizations; and??
f) Representatives from the private
sector.?
The Board shall perform the following
functions:??
a) Formulation of policies;??
b) Preparation of a common action
plan;??
c) Coordination of functions among
its members; and??
d) Submission and publication of an
annual Air Quality Status Report for
each airshed.?
Upon consultation with appropriate local
government authorities, the Department
shall, from time to time, revise?? the
designation of airsheds utilizing eco-
profiling techniques and undertaking
scientific studies.??
Emissions trading may be allowed among
pollution sources within an airshed.??
SEC. 10. &  

  
 - The Department shall designate
areas where specific??
pollutants have already exceeded ambient
standards as non-attainment areas. The
Department shall prepare?? and implement a
program that will prohibit new sources of
exceeded air pollutant without a
corresponding?? reduction in existing
resources.??
In coordination with other appropriate
government agencies, the LGUs shall prepare
and implement a??
program and other measures including
relocation, whenever necessary, to protect
the health and welfare of?? residents in the
area.??
For those designated as nonattainment
areas, the Department, after consultation
with local government?? authorities,
nongovernment organizations (NGOs),
people¶s organizations (POs) and concerned
sectors may?? revise the designation of such
areas and expand its coverage to cover
larger areas depending on the?? condition of
the areas.??
SEC. 11.   - 

   -
Simultaneous with the issuance of the
guideline values and?? standards, the
Department, through the research and
development program contained in this Act
and upon ? consultation with appropriate
advisory committees, government agencies
and LGUs, shall issue, and from time?? to
time, revise information on air pollution
control techniques.??
??
Such information shall include:??
a) Best available technology and
alternative methods of prevention,
management and control of air
pollution;??
b) Best available technology
economically achievable which shall
refer to the technological
basis/standards?? for emission limits
applicable to existing, direct
industrial emitters of
nonconventional and toxic
pollutants; and??
c) Alternative fuels, processes and
operating methods which will result
in the eliminator or significant
reduction??of emissions.?
Such information may also include data
relating to the cost of installation and
operation, energy requirements,?? emission
reduction benefits, and environmental
impact or the emission control technology.??
The issuance of air quality guideline
values, standards and information on air
quality control techniques shall?? be made
available to the general public: Provided,
That the issuance of information on air
quality control?? techniques shall not be
construed as requiring the purchase of
certain pollution control devices by the
public.??
SEC. 12.    - ! 
/     - The Department, in
coordination with??
other concerned agencies, shall review and
or revise and publish annually a list of
hazardous air pollutants?? with corresponding
ambient guideline values and/or standard
necessary to protect health and safety, and??
general welfare. The initial list and
values of the hazardous air pollutants
shall be as follows:??
a) For National Ambient Air Quality
Guideline for Criteria Pollutants:??
???
???

Long
?? ? Short Term a? ? ? ?
Term b?
Averaging Averaging
Pollutants ? µg/Ncm? ppm? µg/Ncm?ppm?
Time? Time?
Suspended
Particulate 230d? ? 24 hours? 90? ----? 1 yeare?
Matterc-TSP ?
-PM-10? 150f? ? 24 hours? 60? ----? 1 yeare?
Sulfur
180? 0.07? 24 hours? 80? 0.03? 1 year?
Dioxidec?
Nitrogen 150? 0.08? 24 hours? ----? ----? ----?
Dioxide?
Photochemical
140? 0.07? 1 hour? ----? ----? ----?
Oxidants?
As Ozone? 60? 0.03? 8 hours ? ----? ----? ----?
Carbon
30? 1 hour? ----? ----? ----? ---- ?
Monoxide 35?
? mg/Ncm? ? ? ? ? ?
? 10? 9? 8 hours? ----? ----? ----?
? mg/Ncm? ? ? ? ? ?
Lead ?
g
1.5? ----? 3 months ?1.0?
g
----? 1 year?
???
a
Maximum limits represented by ninety-eight percentile (98%) values not to be exceed
more than once a year.??

Arithmetic mean??
b

c
SO2 and Suspended Particulate matter are sampled once every six days when using the
manual methods. A minimum of twelve sampling days per quarter of forty-eight sampling
days each year is required for these methods. Daily sampling may be done in the future
once continuous analyzers are procured and become available.??

d
Limits for Total Suspended Particulate Matter with mass median diameter less than 25-50
um.??

e
Annual Geometric Mean??

f
Provisional limits for Suspended Particulate Matter with mass median diameter less than
10 microns and below until sufficient monitoring data are gathered to base a proper
guideline.??

g
Evaluation of this guideline is carried out for 24-hour averaging time and averaged over
three moving calendar months. The monitored average value for any three months shall
not exceed the guideline value.?

b) For National Ambient Air Quality

Standards for Source Specific Air
Pollutants from:??
Industrial Sources/ Operations:??
???
Averaging Method of Analysis/
Pollutants1? Concentration2? ?
time (min.)? Measurement3?
? µ/Ncm? ppm? ? ?
? ? ? ?
?
Nesselerization/ Indo
1. Ammonia? 200? 0.28? 30?
Phenol?
2. Carbon Disulfide? 30? 0.01? 30? Tischer Method?
3. Chlorine and
Chlorine
100? 0.03? 5? Methyl Orange?
Compounds
expressed as Cl2?
Chromotropic acid
4. Formaldehyde? 50? 0.04? 30 ? Method or MBTH
Colorimetric Method?
5. Hydrogen Volhard Titration with
200? 0.13? 30?
Chloride? Iodine Solution?
6. Hydrogen Sulfide? 100 ? 0.07? 30 ? Methylene Blue?
7. Lead ? 20? ? 30? AASc?
8. Nitrogen Dioxide ? 375,260? 0.20,0.14? 30,60 ? Greiss- Saltzman?
9. Phenol ? 100? 0.03? 30 ? 4-Aminoantiphyrine?
0.18, Colorimetric-
10. Sulfur Dioxide ? 470, 340 ? 30,60 ?
0.13 ? Pararosaniline?
11. Suspended
? ? ? ?
Particulate?
Matter-TSP ? 300 ? ----? 60? Gravimetric?
???
?1 Pertinent ambient standards for Antimony, Arsenic, Cadmium, Asbestos, Nitric Acid and
Sulfuric Acid Mists in the 1978 NPCC Rules and Regulations may be considered as guides
in determining compliance.??
2
Ninety-eight percentile (98%) values of 30-minute sampling measured at 250C and one
atmosphere pressure.??

3
Other equivalent methods approved by the Department may be used.?

The basis in setting up the ambient air

quality guideline values and standards
shall reflect, among others, the latest
scientific knowledge including information
on:??
a) Variable, including atmospheric
conditions, which of themselves or in
combination with other factors may
alter the effects on public health or
welfare of such air pollutant;??
 b) The other types of air pollutants
which may interact with such pollutant
to produce an adverse effect on public
health or welfare; and??
c) The kind and extent of all
identifiable effects on public health
or welfare which may be expected from
presence of such pollutant in the
ambient air, in varying quantities.?
The Department shall base such ambient air
quality standards on World Health
Organization (WHO) standards, but shall not
be limited to nor be less stringent than
such standards.??
SEC. 13. 
   .- The
Department, in case of industrial
dischargers, and the Department of??
Transportation and Communication (DOTC), in
case of motor vehicle dischargers, shall,
based on?? environmental techniques, design,
impose on and collect regular emission fees
from said dischargers as part?? of the
emission permitting system or vehicle
registration renewal system, as the case
may be. The system shall?? encourage the
industries and motor vehicles to abate,
reduce, or prevent pollution. The basis of
the fees?? include, but is not limited to,
the volume and toxicity of any emitted
pollutant. Industries, which shall install??
pollution control devices or retrofit their
existing facilities with mechanisms that
reduce pollution shall be entitled?? to tax
incentives such as but not limited total
credits and/or accelerated depreciation
deductions.??
SEC. 14.  - &   .  - An
Air Quality Management Fund to be
administered by the??
Department as a special account in the
National Treasury is hereby established to
finance containment,?? removal, and clean-up
operations of the Government in air
pollution cases, guarantee restoration of??
ecosystems and rehabilitate areas affected
by the acts of violators of this Act, to
support research, enforcement?? and
monitoring activities and capabilities of
the relevant agencies, as well as to
provide technical assistance to?? the
relevant agencies. Such fund may likewise
be allocated per airshed for the
undertakings herein stated.??
The Fund shall be sourced from the fines
imposed and damages awarded to the Republic
of the Philippines?? by the Pollution
Adjudication Board (PAB), proceeds of
licenses and permits issued by the
Department under?? this Act, emission fees
and from donations, endowments and grants
in the forms of contributions.
Contributions?? to the Fund shall be exempted
from donor taxes and all other taxes,
charges or fees imposed by the??Government.??
SEC. 15.  

 c   
u
  
 - The Department, in
coordination with the?? Department of Science
and Technology (DOST), other agencies, the
private sector, the academe, NGO¶s and??
PO¶s, shall establish a National Research
and Development Program for the prevention
and control of air?? pollution. The
Department shall give special emphasis to
research on and the development of improved??
methods having industry-wide application
for the prevention and control of air
pollution.??
Such a research and development program
shall develop air quality guideline values
and standards in?? addition to
internationally-accepted standards. It
shall also consider the socio-cultural,
political and economic?? implications of air
quality management and pollution control.??
Article Two?
Air Pollution Clearances?
and Permits for Stationary Sources?
SEC. 16.  - Consistent with the
provisions of this Act, the Department
shall have the authority to issue ? permits
as it may determine necessary for the
prevention and abatement of air pollution.??
Said permits shall cover emission
limitations for the regulated air
pollutants to help attain and maintain the??
ambient air quality standards. These
permits shall serve as management tools for
the LGUs in the?? development of their action
plan.??
SEC. 17. 
 -
.- The Department
may allow each regional industrial center
that is designated as?? special airshed to
allocate emission quotas to pollution
sources within its jurisdiction that
qualify under an?? environmental impact
assessment system programmatic compliance
program pursuant to the implementing?? rules
and regulations of Presidential Decree No.
1586.??
SEC. 18. .   0 

 
  c 
As part of
the environmental management plan?? attached
to the environmental compliance certificate
pursuant to Presidential Decree No. 1586
and rules and?? regulations set therefor, the
Department shall require program and
project proponents to put up financial??
guarantee mechanisms to finance the needs
for emergency response, clean-up
rehabilitation of areas that??
may be damaged during the program or
project¶s actual implementation. Liability
for damages shall continue?? even after the
termination of a program or project, where
such damages are clearly attributable to
that program?? or project and for a definite
period to be determined by the Department
and incorporated into the environmental??
compliance certificate.??
Financial liability instruments may be in
the form a trust fund, environmental
insurance, surety bonds, letters of?? credit,
as well as self-insurance. The choice of
the guarantee instruments shall furnish the
Department with??? evidence of availment of
such instruments.??
Article Three?
Pollution from Stationary Sources?
SEC. 19. 

 .
 


 - The Department shall, within two
(2) years from the effectivity of?? this Act,
and every two (2) years thereafter, review,
or as the need therefore arises, revise and
publish?? emission standards, to further
improve the emission standards for
stationary sources of air pollution. Such??
emission standards shall be based on mass
rate of emission for all stationary source
of air pollution based on?? internationally
accepted standards, but not be limited to,
nor be less stringent than such standards
and with the?? standards set forth in this
section. The standards, whichever is
applicable, shall be the limit on the
acceptable?? level of pollutants emitted from
a stationary source for the protection of
the public¶s health and welfare.??
With respect to any trade, industry,
process and fuel-burning equipment or
industrial plant emitting air?? pollutants,
the concentration at the point of emission
shall not exceed the following limits:??
???
???

Maximum
Standard Applicable Permissible
Pollutants ? Method of Analysisa?
to Source ? Limits
(mg/Ncm) ?
1. Antimony and
any source ? 10 as Sb? AASb?
Its compounds ?
2. Arsenic and its
Any source ? 10 as As ? AASb?
compounds?
3. Cadmium and its
Any source ? 10 as Cd ? AASb?
compounds ?
4. Carbon Any industrial
500 as CO ? Orsat analysis?
Monoxide ? Source?
5. Copper and its Any industrial
100 ax Cu ? AASb?
Compounds ? source ?
6. Hydrofluoric Any source other Titration with
50 as HF?
Acids and Fluoride than the Ammonium
compounds ? manufacture of Thiocyanate?
Aluminum from
Alumina ?
7. Hydrogen i) Geothermal Power c.d Cadmium Sulfide
?
Sulfide ? Plants ? Method?
ii) Geothermal
? Exploration and e
? ?
well-testing ?
iii) Any source other Cadmium Sulfide
? 7 as H2S ?
than (i) and (ii) ? Method?
Any trade, industry
8. Lead ? 10 as Pb ? AASb?
or process ?
AASb/Cold-Vapor
5 as elemental
9. Mercury ? Any Source ? Technique or Hg
Hg ?
Analyzer?
10. Nickel and its
compounds,
Any source? 20 as Ni? AASb?
except Nickel
Carbonyl f?
2,000 as acid
i) Manufacture of and NOx and Phenol-disulfonic acid
11. NOx?
Nitric Acid ? calculated as Method?
NO2?
ii) Fuel burning Phenol-disulfonic acid
? ?
steam generators ? Method?
? Existing Source ? 1,500 as NO2? ?
? New Source? ? ?
? ‡ Coal-Fired? 1,000 as NO2? ?
? ‡ Oil-Fired? 500 as NO2 ? ?
iii) Any source other Phenol-disulfonic acid
? ?
than (i) adn (ii)? Method?
? Existing Source ? 1000 as NO2 ? ?
? New Source? 500 as NO2 ? ?
12. Phosphorus
Any source ? 200 as P2O5? Spectrophotometry?
Pentoxideg?
13. Zinc and its
Any source? 100 as Zn? AASb?
Compounds ?
???
Other equivalent methods approved by the Department may be used.??
a

Atomic Absorption Specttrophotometry??

b
 c
All new geothermal power plants starting construction by 01 January 1995 shall control
HsS emissions to not more than 150 g/GMW-Hr??
d
All existing geothermal power plants shall control HsS emissions to not more than 200
g/GMW-Hr within 5 years from the date of effectivity of these revised regulations.??
e
Best practicable control technology for air emissions and liquid discharges. Compliance
with air and water quality standards is required.??

f
Emission limit of Nickel Carbonyl shall not exceed 0.5 mg/Ncm.??

Provisional Guideline?
g

Provided, That the maximum limits in mg/ncm

particulates in said sources shall be:??
???
1. Fuel Burning Equipment? ?
a) Urban or Industrial Area ? 150 mg/Ncm?
b) Other Area? 200 mg/Ncm?
2. Cement Plants (Kilns, etc.)? 150 mg/Ncm?
3. Smelting Furnaces? 150 mg/Ncm?
4. Other Stationary Sources ? 200 mg/Ncm?
a

???
a
Other Stationary Sources means a trade, process, industrial plant, or fuel burning
equipment other than thermal power plants, industrial boilers, cement plants, incinerators
and smelting furnaces.??
Provided, further, That the maximum limits
for sulfur oxides in said sources shall be:??
???
(1) Existing Sources ? ?
(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process ? 2.0gm.Ncm as SO3?
(ii) Fuel burning Equipment ? 1.5gm.Ncm as SO2?
(iii) Other Stationary Sourcesa? 1.0gm.Ncm as SO3?
(2) New Sources? ?
(i) Manufacture of Sulfuric Acid and Sulf(on)ation Process? 1.5 gm.Ncm as SO3?
(ii) Fuel Burning Equipment? 0.7 gm.Ncm as SO2?
(iii) Other Stationary Sourcesa? 0.2 gm.Ncm as SO3?
???
a
Other Stationary Sources refer to existing and new stationary sources other than those
caused by the manufacture of sulfuric acid and sulfonation process, fuel burning
equipment and incineration.??
For stationary sources of pollution not
specifically included in the immediately
preceding paragraph, the following emission
standards shall not be exceeded in the
exhaust gas:??
I. Daily And Half Hourly Average Values??
??

Half
Daily
Hourly
?? Average
Average
Values?
Values?
10 30
Total dust?
mg/m3? mg/m3?
Gaseous and vaporous organic substances, expressed as total 10 20
organic carbon? mg/m ? mg/m3?
3

10 60
Hydrogen chloride (HCl)?
mg/m3? mg/m3?
Hydrogen fluoride (HF)? 1 mg/m3?4 mg/m3?
50 200
Sulfur dioxide (SO2)?
mg/m3? mg/m3?
Nitrogen monoxide (NO) and Nitrogen dioxide (NO2), expressed
200 400
as nitrogen dioxide for incineration plants with a capacity
mg/m3? mg/m3?
exceeding 3 tonnes per hour?
Nitrogen monoxide (NO) and nitrogen dioxide (NO2), expressed ???
300
as nitrogen dioxide for incineration plants with a capacity of 3
mg/m3?
tonnes per hour or less? ?
10 20
Ammonia?
mg/m3? mg/m3?
II. All the Average Values Over the Sample
Period of a Minimum of 4 and Maximum of 8
Hours.??
???
total
Cadmium and its compounds, expressed as cadmium (Cd) ?
0.05?
Thallium and its compounds, expressed as thallium (Tl)? mg/m3?
0.05
Mercury and its Compounds, expressed as mercury (Hg)?
mg/m3?
Antimony and its compounds, expressed as antimony (Sb)?
?
total
Arsenic and its compounds, expressed as arsenic (As)? 0.5
mg/m3?
Lead and its compounds, expressed as lead ( Pb)? ?
Chromium and its compounds, expressed as chromium (Cr)? ?
Cobalt and its compounds, expressed as cobalt (Co)? ?
Copper and its compounds, expressed as copper (Cu)? ?
Manganese and its compounds, expressed as manganese (Mn)? ?
Nickel and its compounds, expressed as nickel (Ni)? ?
Vanadium and its compounds, expressed as vanadium (V)? ?
Tin and its compounds, expressed as tin (Sn)? ?
These average values cover also gaseous and
the vapor forms of the relevant heavy metal
emission as well as their compounds:
Provided, That the emission of dioxins and
furans into the air shall be reduced by the
most progressive techniques: Provided,
further, That all average of dioxin and
furans measured over the sample period of a
minimum of 5 hours and maximum of 8 hours
must not exceed the limit value of 0.1
nanogram/m3.??
Pursuant to Sec. 8 of this Act, the
Department shall prepare a detailed action
plan setting the emission standards or
standards of performance for any stationary
source the procedure for testing emissions
for each type of pollutant, and the
procedure for enforcement of said
standards.??
Existing industries, which are proven to
exceed emission rates established by the
Department in consultation with
stakeholders, after a thorough, credible
and transparent measurement process shall
be allowed a grace period of eighteen (18)
months for the establishment of an
environmental management system and the
installation of an appropriate air
pollution control device : Provided, That
an extension of not more than twelve (12)
months may be allowed by the Department on
meritorious grounds.??
SEC. 20.  
 $  
-
Incineration, hereby defined as the burning
of municipal, biomedical and?? hazardous
waste, which process emits poisonous and
toxic fumes is hereby prohibited; Provided,
however,?? That the prohibition shall not
apply to traditional small-scale method of
community/neighborhood sanitation??
,
traditional, agricultural, cultural,
health, and food preparation and
crematoria; Provided, further, That??
existing incinerators dealing with a
biomedical wastes shall be out within three
(3) years after the effectivity of?? this
Act; Provided, finally, that in the
interim, such units shall be limited to the
burning of pathological and?? infectious
wastes, and subject to close monitoring by
the Department.??
Local government units are hereby mandated
to promote, encourage and implement in
their respective?? jurisdiction a
comprehensive ecological waste management
that includes waste segregation, recycling
and??composting.??
With due concern on the effects of climate
change, the Department shall promote the
use of state-of-the-art,?? environmentally-
sound and safe non-burn technologies for
the handling, treatment, thermal
destruction,?? utilization, and disposal of
sorted, unrecycled, uncomposted, biomedical
and hazardous wastes.??
Article Four?
Pollution from Motor Vehicles?
SEC. 21. 


&

/  a)
The DOTC shall implement the emission
standards for motor?? vehicles set pursuant
to and as provided in this Act. To further
improve the emission standards, the
Department?? shall review, revise and publish
the?? standards every two (2) years, or as
the need arises. It shall consider the
maximum limits for all major?? pollutants to
ensure substantial improvement in air
quality for the health, safety and welfare
of the general??public.??
The following emission standards for type
approval of motor vehicles shall be
effective by the year 2003:??
a) For light duty vehicles, the exhaust
emission limits for gaseous pollutants
shall be:??
Emission Limits for Light Duty Vehicles?
Type Approval?
(Directive 91/441/EEC)?

???

CO ?? HC + NOx?? PMa??
(g/km)? (g/km) ? (g/km)?
2.72? 0.97? 0.14?
a
for compression-ignition engines only?

b) For light commercial vehicles, the

exhaust emission limit of gaseous
pollutants as a function of the given
reference mass shall be:??
??

?? ceference Weight (cW) (kg) ? CO (g/km) ? HC + NOx (g/km) ? PMa (g/km)?

Category 1? 1250< cW ? 2.72 ? 0.97 ? 0.14?
Category 2 ? 1250< cW<1700 ? 5.17 ? 1.4 ? 0.19?
Category 3 ? cW>1700 ? 6.9 ? 1.7 ? 0.25?
???
a
for compression-ignition engines only??
c) For heavy duty vehicles, the exhaust
emission limits of gaseous pollutants shall
be:??
???
CO?? HC?? NOx?? PM??
(g/k/Wh)? (g/k/Wh)? (g/k/Wh)? (g/k/Wh)?
4.5? 1.1? 8.0? 0.36a?
???
a
In the case of engines of 85 kW or less, the limit value for particular emissions in
increased by multiplying the quoted limit by a coefficient of 1.7??
Fuel evaporative emission for spark-
ignition engines shall not exceed 2.0 grams
hydrocarbons per test. Likewise, it shall
not allow any emission of gases from
crankcase ventilation system into the
atmosphere.??
b) The Department, in collaboration with
the DOTC, DTI and LGUs, shall develop an
action plan for the control?? and management
of air pollution from motor vehicles
consistent with the Integrated Air Quality
Framework. The?? DOTC shall enforce
compliance with the emission standards for
motor vehicles set by the Department. The??
DOTC may deputize other law enforcement
agencies and LGUs for this purpose. To this
end, the DOTC shall??have the power to:??
[1] Inspect and monitor the
emissions of motor vehicles;??
[2] Prohibit or enjoin the use of
motor vehicles or a class of motor
vehicles in any area or street at
specified??times; and??
[3] Authorize private testing
emission testing centers duly
accredited by the DTI.?
c) The DOTC, together with the DTI and the
Department, shall establish the procedures
for the inspection of?? motor vehicles and
the testing of their emissions for the
purpose of determining the concentration
and/or rate of?? pollutants discharged by
said sources.??
d) In order to ensure the substantial
reduction of emissions from motor vehicles,
the Department of Trade?? and Industry (DTI),
together with the DOTC and the Department
shall formulate and implement a national
motor?? vehicle inspection and maintenance
program that will promote efficient and
safe operation of all motor vehicles.?? In
this regard, the DTI shall develop and
implement standards and procedures for the
certification of training??
institutions, instructors and facilities
and the licensing of qualified private
service centers and their technicians?? as
prerequisite for performing the testing,
servicing, repair and the required
adjustment to the vehicle emission?? system.
The DTI shall likewise prescribe
regulations requiring the disclosure of
odometer readings and the?? use of tamper-
resistant odometers for all motor vehicles
including tamper-resistant fuel management
systems?? for the effective implementation of
the inspection and maintenance program.??
SEC. 22. c

  &

 / 
     Any imported new or locally-
assembled new motor?? vehicle shall not be
registered unless it complies with the
emission standards set pursuant to this
Act, as?? evidenced by a Certificate of
Conformity (COC) issued by the Department.??
Any imported new motor vehicle engine shall
not be introduced into commerce, sold or
used unless it??
complies with emission standards set
pursuant to this Act.??
Any imported used motor vehicle or rebuilt
motor vehicle using new or used engines,
major parts or??
components shall not be registered unless
it complies with the emission standards.??
In case of non-compliance, the importer or
consignee may be allowed to modify or
rebuild the vehicular engine?? so it will be
in compliance with applicable emission
standards.??
No motor vehicle registration (MVR) shall
be issued unless such motor vehicle passes
the emission testing?? requirement
promulgated in accordance with this Act.
Such testing shall be conducted by the DOTC
or its?? authorized inspection centers within
sixty (60) days prior to date of
registration.??
The DTI shall promulgate the necessary
regulations prescribing the useful life of
vehicles and engines?? including devices in
order to ensure that such vehicles will
conform to the emissions which they were
certified?? to meet. These regulations shall
include provisions for ensuring the
durability of emission devices.??
SEC. 23. 
 "  &

 / 
   Any imported second-hand motor
vehicle engine shall not be?? introduced into
commerce, sold or used unless it complies
with emission standards set pursuant to
this Act.??
Article Five?
Pollution from Other Sources?
SEC. 24. 

 
 
)  Smoking
inside a public building or an enclosed
public place including public?? vehicles and
other means of transport or in any enclosed
area outside of one¶s private residence,
private place?? of work or any duly
designated smoking area is hereby
prohibited under this Act. This provision
shall be??implemented by the LGUs.??
SEC. 25. 

 

  


 The Department, in coordination
with appropriate agencies,?? shall formulate
and establish the necessary standards for
all mobile sources other than those
referred to in?? Sec. 21 of this Act. The
imposition of the appropriate fines and
penalties from these sources for any
violation of?? emission standards shall be
under the jurisdiction of the DOTC.??
Chapter 3?
Fuels, Additives, Substances and Pollutants?
Article One?
Fuels, Additives and Substances?
SEC. 26. .    Pursuant to
the Air Quality Framework to be established
under Section 7 of this?? Act, the Department
of Energy (DOE), co-chaired by the
Department of Environment and Natural
Resources?? (DENR), in consultation with the
Bureau of Product Standards (BPS) of the
DTI, the DOST, the representatives?? of the
fuel and automotive industries, academe and
the consumers shall set the specifications
for all types of??
fuel and fuel-related products, to improve
fuel composition for increased efficiency
and reduced emissions:?? Provided, however,
that the specifications for all types of
fuel and fuel-related products set-forth
pursuant to this??
section shall be adopted by the BPS as
Philippine National Standards (PNS).??
The DOE shall also specify the allowable
content of additives in all types of fuels
and fuel-related products.??? Such standards
shall be based primarily on threshold
levels of health and research studies. On
the basis of?? such specifications, the DOE
shall likewise limit the content or begin
that phase-out of additives in all types of??
fuels and fuel-related products as it may
deem necessary. Other agencies involved in
the performance of this?? function shall be
required to coordinate with the DOE and
transfer all documents and information
necessary for?? the implementation of this
provision.??
Consistent with the provisions of the
preceding paragraphs under this section, it
is declared that:??
a) not later than eighteen (18)
months after the effectivity of this
Act, no person shall manufacture,
import, sell,??supply, offer for sale,
dispense, transport or introduce
into commerce unleaded premium
gasoline fuel which??has an anti-knock
index (AKI) of not less that 87.5
and Reid vapor pressure of not more
than 9 psi. Within six?? (6) months
after the effectivity of this Act,
unleaded gasoline fuel shall contain
aromatics not to exceed forty-five??
percent (45%) by volume and benzene
not to exceed four percent (4%) by
volume; Provided, that by year?? 2003,
unleaded gasoline fuel should
contain aromatics not to exceed
thirty-five percent (35%) by volume
and??benzene not to exceed two percent
(2%) by volume;??
b) not later than eighteen (18)
months after the effectivity of this
Act, no person shall manufacture,
import, sell,??supply, offer for sale,
dispense, transport or introduce
into commerce automotive diesel fuel
which contains a?? concentration of
sulfur in excess of 0.20% by weight
with a cetane number of index of not
less than forty-eight? (48): Provided,
That by year 2004, content of said
sulfur shall be 0.05% by weight; and??
c) not later than eighteen (18)
months after the effectivity of this
Act, no Person shall manufacture,
import, sell,??supply, offer for sale,
dispense, transport or introduce
into commerce industrial diesel fuel
which contains a?? concentration of
sulfur in excess of 0.30% (by
weight).?
Every two (2) years thereafter or as the
need arises, the specifications of unleaded
gasoline and of automotive?? and industrial
diesel fuels shall be reviewed and revised
for further improvement in formulation and
in?? accordance with the provisions of this
Act.??
The fuels characterized above shall be
commercially available. Likewise, the same
shall be the reference fuels?? for emission
and testing procedures to be established in
accordance with the provisions of this Act.??
Any proposed additive shall not in any way
increase emissions of any of the regulated
gases which shall?? include, but not limited
to carbon monoxide, hydrocarbons, and
oxides of nitrogen and particulate matter,
in?? order to be approved and certified by
the Department.??
SEC. 27. c

 .   .
 - The DOE, in coordination with
the Department and the BPS,?? shall regulate
the use of any fuel or fuel additive. No
manufacturer, processor or trader of any
fuel or additive?? may import, sell, offer
for sale, or introduce into commerce such
fuel for additive unless the same has been??
registered with the DOE. Prior to
registration, the manufacturer, processor
or trader shall provide the DOE with?? the
following relevant information:??
a) Product identity and composition
to determine the potential health
effects of such fuel additives;??
b) Description of the analytical
technique that can be used to detect
and measure the additive in any
fuel;??
c) Recommended range of
concentration; and??
d) Purpose in the use of the fuel
and additive.?
SEC. 28. &  - In order to prevent
the disabling of any emission control
device by lead contamination, no?? person
shall introduce or cause or allow the
introduction of leaded gasoline into any
motor vehicle equipped?? with a gasoline tank
filler inlet and labeled
 
 


. This prohibition shall also apply to
any?? person who knows or should know that
such vehicle is designed solely for the use
of unleaded gasoline.??
SEC. 29. 


& 1$

  
  !
   
   
 2
 

 ? c  0
!
  Effective not later than
eighteen (18) months after the enactment of
this Act, no?? person shall manufacture,
import, sell, offer for sale, introduce
into commerce, convey or otherwise dispose
of,?? in any manner, leaded gasoline and
engines and components requiring the use of
leaded gasoline.??
For existing vehicles, the DTI shall
formulate standards and procedures that
will allow non-conforming engines?? to comply
with the use of unleaded fuel within
five(5) years after the effectivity of this
Act.??
Article Two?
Other Pollutants?
SEC. 30. '#
 u   
Consistent with the terms and conditions of
the Montreal Protocol on?? Substances that
Deplete the Ozone Layer and other
international agreements and protocols to
which the?? Philippines is a signatory, the
Department shall phase out ozone-depleting
substances.??
Within sixty (60) days after the enactment
of this Act, the Department shall publish a
list of substances which are?? known to cause
harmful effects on the stratospheric ozone
layer.??
SEC. 31. !
 !.- The Philippine
Atmospheric, Geophysical and Astronomical
Service??
Administration (PAGASA) shall regularly
monitor meteorological factors affecting
environmental conditions?? including ozone
depletion and greenhouse gases and
coordinate with the Department in order to
effectively?? guide air pollution monitoring
and standard-setting activities.??
The Department, together with concerned
agencies and local government units, shall
prepare and fully?? implement a national plan
consistent with the United Nations
Framework Convention on Climate Change and??
other international agreements, conventions
and protocols on the reduction of
greenhouse gas emissions in??the country.??
SEC. 32.   '  
 
The Department shall, within a period of
two (2) years after the?? enactment of this
Act, establish an inventory list of all
sources of Persistent Organic Pollutants
(POPs) in the?? country. The Department shall
develop short-term and long-term national
government programs on the?? reduction and
elimination of POPs such as dioxins and
furans. Such programs shall be formulated
within a?year after the establishment of the
inventory list.??
SEC. 33. c
 
.- All
projects which will involve the use of
atomic and/or nuclear energy, and?? will
entail release and emission of radioactive
substances into the environment, incident
to the establishment or?? possession of
nuclear energy facilities and radioactive
materials, handling, transport, production,
storage, and?? use of radioactive materials,
shall be regulated in the interest of
public health and welfare by the Philippine??
Nuclear Research Institute (PNRI), in
coordination with Department and other
appropriate government??
agencies.??
Chapter 4?
Institutional Mechanism?
SEC. 34. 0   - The Department,
unless otherwise provided herein, shall be
the primary government?? agency responsible
for the implementation and enforcement of
this Act. To be more effective in this
regard, The?? Department¶s Environmental
Management Bureau (EMB) shall be converted
from a staff bureau to a line?? bureau for a
period of no more than two (2) years,
unless a separate, comprehensive
environmental??management agency is created.??
SEC. 35. 0 )&   - The Department
shall consult, participate, cooperate and
enter into agreement?? with other government
agencies, or with affected non-governmental
(NGOs) or people¶s organizations?? (POs),or
private enterprises in the furtherance of
the objectives of this Act.??
SEC. 36. c

 0
 !
   3  -
Local Government Units (LGUs) shall share
the responsibility in the?? management and
maintenance of air quality within their
territorial jurisdiction. Consistent with
Sections 7, 8 and 9 of?? this Act, LGUs shall
implement air quality standards set by the
Board in areas within their jurisdiction;
Provided,?? however, That in case where the
board has not been duly constituted and has
not promulgated its standards,?? the
standards set forth in this Act shall
apply.??
The Department shall provide the LGUs with
technical assistance, trainings and a
continuing??
capability-building program to prepare them
to undertake full administration of the air
quality management and?? regulation within
their territorial jurisdiction.??
SEC. 37.  
    
c
' There may be established
an Environment and Natural?? Resources Office
in every province, city, or municipality
which shall be headed by the environment
and natural?? resources officer and shall be
appointed by the Chief Executive of every
province, city or municipality in??
accordance with the provisions of Section
484 of Republic Act No. 7160. Its powers
and duties, among others,?? are:??
???

a) To prepare comprehensive air quality

management programs, plans and
strategies within the limits set forth??
in Republic act. No. 7160 and this Act
which shall be implemented within its
territorial jurisdiction upon the??
approval of the sanggunian;??
b) To provide technical assistance and
support to the governor or mayor, as
the case may be, in carrying out??
measures to ensure the delivery of
basic services and the provision of
adequate facilities relative to air
quality;??
c) To take the lead in all efforts
concerning air quality protection and
rehabilitation;??
d) To recommend to the Board air
quality standards which shall not
 exceed the maximum permissible?? standards
set by rational laws;??
e) To coordinate with other government
agencies and non-governmental
organizations in the implementation?? of
measures to prevent and control air
pollution; and??
f) Exercise such other powers and
perform such duties and functions as
may be prescribed by law or?? ordinance:
Provided, however, That in
provinces/cities/municipalities where
there are no environment and?? natural
resources officers, the local executive
concerned may designate any of his
official and/or chief of office??
preferably the provincial, city or
municipal agriculturist, or any of his
employee: Provided, finally, That in
case an?? employee is designated as such,
he must have sufficient experience in
environmental and natural resources??
management, conservation and
utilization.?
SEC. 38. c
 ) 1 $ 
1
&

         u  -
The Department or its duly?? accredited
entity shall, after proper consultation and
notice, require any person who owns or
operates any?? emissions source or who is
subject to any requirement of this Act to:??
(a) establish and maintain relevant??
records;??
(b) make relevant reports;??
(c) install, use and maintain
monitoring equipment or methods;??
(d) sample?? emission, in accordance with
the methods, locations, intervals and
manner prescribed by the Department;??
(e)? keep records on control equipment
parameters, production variables or
other indirect data when direct??
monitoring of emissions is
impractical; and??
(f) provide such other information as
the Department may??reasonably require.?
Pursuant to this Act, the Department,
through its authorized representatives,
shall have the right of:??
(a) entry or?? access to any premises
including documents and relevant
materials as referred to in the herein
preceding??paragraph;??
(b) inspect any pollution or waste
source, control device, monitoring
 equipment or method required;??
and??
(c) test any emission.?
Any record, report or information obtained
under this section shall be made available
to the public, except?? upon a satisfactory
showing to the Department by the entity
concerned that the record, report or
information, or?? parts thereof, if made
public, would divulge secret methods or
processes entitled to protection as
intellectual?? property. Such record, report
or information shall likewise be
incorporated in the Department¶s industrial
rating??system.??
SEC. 39.  
   $ 


 - A continuing air quality
information and education?? campaign shall
promoted by the Department, the Department
of Education, Culture and Sports (DECS),
the?? Department of the Interior and Local
Government (DILG), the Department of
Agriculture (DA) and the Philippine??
Information Agency (PIA). Consistent with
Sec. 7 of this Act, such campaign shall
encourage the participation of?? other
government agencies and the private sector
including NGOs, POs, the academe,
environmental groups?? and other private
entities in a multi-sectoral information
campaign.??
Chapter 5?
Actions?
SEC. 40.   
.- Without
prejudice to the right of any affected
person to file an administrative?? action,
the Department shall, on its own instance
or upon verified complaint by any person,
institute?? administrative proceedings
against any person who violates:??
(a) Standards or limitation provided
under this Act; or??
(b) Any order, rule or regulation
issued by the Department with respect
to such standard or limitation.?
SEC. 41. #   For purposes of
enforcing the provisions of this Act or its
implementing rules and?? regulations, any
citizen may file an appropriate civil,
criminal or administrative action in the
proper courts??against:??
(a) Any person who violates or fails to
comply with the provisions of this Act
or its implementing rules and??
regulations; or??
 (b) The Department or other
implementing agencies with respect to
orders, rules and regulations issued??
inconsistent with this Act; and/or??
(c) Any public officer who willfully or
grossly neglects the performance of an
act specifically enjoined as a duty?? by
this Act or its implementing rules and
regulations; or abuses his authority in
the performance of his duty; or,?? in any
manner, improperly performs his duties
under this Act or its implementing
rules and regulations:?? Provided,
however, That no suit can be filed
until thirty-day (30) notice has been
taken thereon.?
The court shall exempt such action from the
payment of filing fees, except fees for
actions not capable of?? pecuniary
estimations, and shall likewise, upon prima
facie showing of the non-enforcement or
violation?? complained of, exempt the
plaintiff from the filing of an injunction
bond for the issuance of a preliminary??
injunction.??
Within thirty (30) days, the court shall
make a determination if the compliant
herein is malicious and/or baseless?? and
shall accordingly dismiss the action and
award attorney¶s fees and damages.??
SEC. 42. $   
 
- The
filing of an administrative suit against
such person/entity does not?? preclude the
right of any other person to file any
criminal or civil action. Such civil action
shall proceed??independently.??
SEC. 43.     0 

   
    
 
 
   .- Where?? a suit is
brought against a person who filed an
action as provided in Sec. 41 of this Act,
or against any?? person, institution or
government agency that implements this Act,
it shall be the duty of the investigating??
prosecutor or the court, as the case may
be, to immediately make a determination not
exceeding thirty (30)?? days whether said
legal action has been filed to harass, vex,
exert undue pressure or stifle such legal??
recourses of the person complaining of or
enforcing the provisions of this Act. Upon
determination thereof, evidence warranting
the same, the court shall dismiss the case
and award attorney¶s fees and double??
damages.??
This provision shall also apply and benefit
public officers who are sued for acts
committed in their official?? capacity, their
being no grave abuse of authority, and done
in the course of enforcing this Act.??
SEC. 44. 0  3
 
   $



 /

 Fines and
penalties imposed pursuant to?? this Act
shall be liens upon personal or immovable
properties of the violator. Such lien
shall, in case of insolvency?? of the
respondent violator, enjoy preference to
laborer¶s wages under Articles 2241 and
2242 of Republic Act? No. 386, otherwise
known as the New Civil Code of the
Philippines.??
Chapter 6?
Fines and Penalties?
SEC. 45. /


   


 
 For actual exceedance
of any pollution or air quality?? standards
under this Act or its rules and
regulations, the Department, through the
Pollution Adjudication Board?? (PAB), shall
impose a fine of not more than One hundred
thousand pesos (P100,000.00) for every day
of?? violation against the owner or operator
of a stationary source until such time that
the standards have been??complied with.??
For purposes of the application of the
fines, the PAB shall prepare a fine rating
system to adjust the maximum?? fine based on
the violator¶s ability to pay, degree of
willfulness, degree of negligence, history
of non-compliance?? and degree of
recalcitrance: Provided, That in case of
negligence, the first time offender¶s
ability to pay may?? likewise be considered
by the Pollution Adjudication Board:
Provided, further, That in the absence of
any?? extenuating or aggravating
circumstances, the amount of fine for
negligence shall be equivalent to one-half
of??
the fine for willful violation.??
The fines herein prescribed shall be
increased by at least ten percent (10%),
every three (3) years to?? compensate for
inflation and to maintain the deterrent
function of such fines.??
In addition to the fines, the PAB shall
order closure, suspension of development,
construction, or operations of?? the
stationary sources until such time that
proper environmental safeguards are put in
place: Provided, That an?? establishment
liable for a third offense shall suffer
permanent closure immediately. This
paragraph shall be?? without prejudice to the
immediate issuance of an ex parte order for
such closure, suspension of development?? or
construction, or cessation of operations
during the pendency of the case upon 
 evidence that?? their is imminent
threat to life, public health, safety or
general welfare, or to plant or animal
life, or whenever?? there is an exceedance of
the emission standards set by the
Department and/or the Board and/or the??
appropriate LGU.??
SEC. 46. /


   
 &


/  No motor vehicle shall be
registered with the DOTC unless?? it meets
the emission standards set by the
Department as provided in Sec. 21 hereof.??
Any vehicle suspected of violation of
emission standards through visual signs,
such as, but not limited to?? smoke-belching,
shall be subjected to an emission test by a
duly authorized emission testing center.
For this?? purpose, the DOTC or its
authorized testing center shall establish a
roadside inspection system. Should it be??
shown that there was no violation of
emission standards, the vehicle shall be
immediately released. Otherwise,?? a testing
result indicating an exceedance of the
emission standards would warrant the
continuing custody of?? the impounded vehicle
unless the appropriate penalties are fully
paid, and the license plate is surrendered
to??
the DOTC pending the fulfillment of the
undertaking by the owner/operator of the
motor vehicle to make the?? necessary repairs
so as to comply with the standards. A pass
shall herein be issued by the DOTC to
authorize?? the use of the motor vehicle
within a specified period that shall not
exceed seven (7) days for the sole purpose??
of making the necessary repairs on the said
vehicle. The owner/operator of the vehicle
shall be required to?? correct its defects
and show proof of compliance to the
appropriate pollution control office before
the vehicle?? can be allowed to be driven on
any public or subdivision roads.??
In addition, the driver and operator of the
apprehended vehicle shall undergo a seminar
on pollution control?? management conducted
by the DOTC and shall also suffer the
following penalties:??
a) First Offense - a fine not to exceed
Two Thousand Pesos (P2,000.00);??
b) Second Offense - a fine not less
than Two Thousand Pesos (P2,000.00) and
not to exceed Four??
Thousand Pesos (P4,000.00); and??
c) Third offense - one (1) year
suspension of the Motor Vehicle
 Registration (MVR) and a fine of not
less than?? Four Thousand Pesos
(P4,000.00) and not more than Six
thousand pesos (P6,000.00).?
Any violation of the provisions of Sec. 21
paragraph (d) with regard to national
inspection and maintenance?? program,
including technicians and facility
compliance shall penalized with a fine of
not less than Thirty?? Thousand Pesos
(P30,000.00) or cancellation of license of
both the technician and the center, or
both, as??determined by the DTI.??
All law enforcement officials and deputized
agents accredited to conduct vehicle
emissions testing and?? apprehensions shall
undergo a mandatory training on emission
standards and regulations. For this
purpose,?? the Department, together with the
DOTC, DTI, DOST, Philippine National Police
(PNP) and other concerned?? agencies and
private entities shall design a training
program.??
SEC. 47. .   
/



 '  

      For
violations of all other provisions?? provided
in this Act and of the rules and
regulations thereof, a fine of not less
than Ten thousand pesos (P10,000) but not
more than One Hundred thousand Pesos
(P100,000) or six (6) months to six (6)
years?? imprisonment or both shall be
imposed. If the offender is a juridical
person, the president, manager, directors,??
trustees, the pollution control officer or
the officials directly in charge of the
operations shall suffer the penalty?? herein
provided.??
SEC. 48. !
 /

.- In case of
gross violation of this Act or its
implementing rules and regulations, the?? PAB
shall recommend to the proper government
agencies to file the appropriate criminal
charges against the?? violators. The PAB
shall assist the public prosecutor in the
litigation of the case. Gross violation
shall mean:??
[a]?? three (3) or more specific offenses
within a period of one (1) year;??
[b] three (3) or more specific offenses
with??
three (3) consecutive years;??
[c] blatant disregard of the orders of
the PAB, such s but not limited to the
breaking?? of seal, padlocks and other
similar devices, or operation despite
the existence of an order for closure,??
 discontinuance or cessation of
operation; and??
[d] irreparable or grave damage to the
environment as a?? consequence of any
violation of the provisions of this
Act.?
Offenders shall be punished with
imprisonment of not less than six (6) years
but not more than ten (10) years?? at the
discretion of the court. If the offender is
a juridical person, the president, manager,
directors, trustees, the?? pollution control
officer or the officials directly in charge
of the operations shall suffer the penalty
herein??provided.??
Chapter 7?
Final Provisions?
SEC. 49. 
  0

  


  - The Secretary of Labor is
hereby authorized to establish a??
compensation, retraining and relocation
program to assist workers laid off due to a
company¶s compliance with?? the provisions of
this Act.??
SEC. 50. 

 - An amount of
Seven Hundred Fifty Million Pesos
(P750,000,000.00) shall be?? appropriated for
the initial implementation of this Act, of
which, the amount of Three Hundred Million
Pesos? (P300,000,000.00) shall be
appropriated to the Department; Two Hundred
Million Pesos (P200,000,000.00)?? to the DTI;
One Hundred Fifty Million Pesos
(P150,000,000.00) to the DOTC; and One
Hundred Million?? Pesos (P100,000,000.00) to
the DOE.??
Thereafter, the amount necessary to
effectively carry out the provisions of
this Act shall be included in the?? General
Appropriations Act.??
SEC. 51. $   c  
c
 The Department, in
coordination with the Committees on??
Environment and Ecology of the Senate and
House of Representatives, respectively and
other agencies, shall?? promulgate the
implementing rules and regulations for this
Act, within one (1) year after the
enactment of this?? Act: Provided, That rules
and regulations issued by other government
agencies and instrumentalities for the??
prevention and/or abatement of pollution
not inconsistent with this Act shall
supplement the rules and?? regulations issued
by the Department pursuant to the
provisions of this Act.??
SEC. 52. c
 
 
 - The
Department shall report to Congress, not
later than March 30 of every year?? following
the approval of this Act, the progress of
the pollution control efforts and make the
necessary?? recommendations in areas where
there is need for legislative action.??
SEC. 53. U
  

 ' 

 There is hereby created a joint
congressional oversight?committee to monitor
the implementation of this Act. The
committee shall be composed of five (5)
senators and five (5) representatives to be
appointed by the Senate President and the
Speaker of the House of Representatives,??
respectively, the oversight committee shall
be co-chaired by a senator and a
representative designated by the?? Senate
President and the Speaker of the House of
Representatives, respectively.??
The mandate given to the joint
congressional oversight committee under
this Act shall be without prejudice to?? the
performance of the duties and functions by
the respective existing oversight
committees of the Senate and?? the House of
Representatives.??
SEC. 54. 
 

  If
any provision of this Act or the
application of such provision to any person??
or circumstances is declared
unconstitutional, the remainder of the Act
or the application of such provision to??
other person or circumstances shall not be
affected by such declaration.??
SEC. 55. c   Presidential
Decree No. 1181 is hereby repealed.
Presidential Decrees Nos.?? 1152, 1586 and
Presidential Decree No. 984 are partly
modified. All other laws, orders, issuance,
rules and?? regulations inconsistent herewith
are hereby repealed or modified
accordingly.??
SEC. 56.  This Act shall take
effect fifteen (15) days from the date of
its publication in the Official?? Gazette or
in at least two (2) newspapers of general
circulation.?
??
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